Resignation must be in response to the breach

To succeed in a claim for constructive dismissal, the resignation must be in response to the breach. It is important to spell out clearly, in any resignation letter, the link between the serious contract breach and the decision to resign.

The fundamental breach of contract must be one reason for resigning but it does not need to be the only reason (Ishaq v Royal Mail Group [2017] UKEAT/0156/16/RN). However, if a tribunal concludes that the employee is likely to have resigned anyway, even if the employer had not behaved badly, any compensation is likely to be significantly reduced (Wright v North Ayrshire Council [2013] UKEAT 0017/13/2706) (see Compensation, page 388).